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D I S C U 11 S E 



ON TIIK 



LIFE AND CHARACTER 



OF 



HON. JOSEPH STORY, LL. D. 



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DEMVERED ON 



THE SUNDAY FOLLOWING HIS DEATH, 

SEPTEMBER 14, 1845. 



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BY 



R. C. WATERSTO?(, 

PASTOR OK THE CHURCH OF THE SAVIOUR. 



Great men linve lived among us : Heads that plann'd, 
And tongues that uttered wisdom, 

******* 

Even 60 doth Heaven protect us I 

WORDSWORTH. 



BOSTON: 

WILLIAM CROSBY AND II. P. NICHOLS. 

1845. 




.SsWa 



74039 



i. B. CHI9HOLM, PRIKTEH, 
2 WATER STHECr. 



DISCOURSE. 



" BelioKl tlio Lord, tlic l.rtrd of Hosts, doth take away from Jerusalem 
and from Judah the stay and the staff; the Judge, prudent and 
ancient; the honorable man, and the counsellor." 

ISAIAIl ill- 1, ^. 

Within a few days our country has lost one of its greatest 
and best men, — one who was universally respected and beloved. 
When such a mind has passed from the earth, so full of wisdom 
and life, enriched by the treasures of widely-gathered know- 
ledge, and in the very midst of enjoyment and usefulness, the 
faith by which we pierce into futurity grows almost to vision. 
We instinctively feel that such a mind has been lifted to odicr 
spheres of action, that its varied powers are still vigorously 
employed, that wisdom and goodness yet stretch out before it 
like an infinite kingdom, opening boundless fields for continued 
research. 

Perhaps at no time is the idea of absolute death so utterly 
impossible. We cannot but think of such a mind as still 
living; loving, thinking, acting. The universe has other 
spheres for its more full development, and the Father of spirits 
has removed it to those more exalted stages of being for higher 



usefulness. The lis,Mit of Christianity sends its gladdening 
beams into the far futurity, and makes certain the glorious 
hope which the soul itself foreshadows. By that revelation 
the gates of eternity are thrown open, and we are made to 
know that the Deity has prepared for us a home. 

There apostles, and martyrs, and saints dwell in holy com- 
munion. There the philanthropist and the scholar will meet. 
There the true and the good of every name assemble, and 
there will be gathered all the spirits of the just: and that life 
will not he a mere passive existence, but a life for the acquisi- 
tion of truth and for boundless progress. Principles con- 
nected with distant worlds may there become an object of 
research. The universe itself may be the glorious temple of 
God, and the study of his divine laws may awaken to new 
vigor every powder of the soul. 

Yet what a thought is it, that minds recently here, — are 
now — there ! That those whom we have known, are now ac- 
quainted with the spiritual world, and are in the midst of its 
mysteries ! Nothing but a thin veil is between us, and one by 
one, we shall be removed from this world to join that compa- 
ny. We are upon the borders of that spiritual realm into 
which we shall presently enter, and thus, even here, we have 
an intimate and insci)arable connexion with the unseen world. 

And now that another has gone to join the great cloud of 
witnesses, and the spiritual world has been brought nigh to our 
thoughts by its having received one so venerated and loved, is 
it not well for us to contemplate together the eartlily life which 
has just closed, and the peculiarities of a character, which, if 
rightly considered, may exertan exalting and sanctifying power.* 

Well may we exclaim with the prophet, " The Lord hath 
taken away our stay and our stalF; the Judge, prudent and 



ancient ; the honorable man and the counsellor." But a few 
days ago, and he seemed in the perfect enjoyment of health, — 
now — he has gone ; — like a star — dropped from the firmament. 
But two weeks since, at the literary festivals of our most an- 
cient university, he seemed like a presiding genius, in the full 
glow of feeling, earnest in his affections, and in possession of 
all his wonderful powers. Now — that benignant countenance 
will be seen no more : the gates of the grave have closed upon 
that form, and the gates of Paradise have received the spirit ! 
While we think of the eminent services which he was rendering 
to the world, his loss seems inexpressibly great, but when wc 
remember the extent of his past labors and the imperishable 
character of much which he has left behind, we cannot but 
feel that he has accomplished far more for the good of man- 
kind, than falls to the lot of many — even of those, who leave 
behind them an abiding memory, 

Judge Story was born in I\Iarblehead in 1779. He entered 
Harvard University in 1795, and in '98 was graduated and com- 
menced the study of the law. He was for a short time a 
member of the State Legislature, and in 1811 was appointed 
by President Madison to the high judicial station which he has 
since filled with so much honor to himself and his country. In 
1820 he was an influential member of the Convention for Re- 
vising the Constitution of this Commonwealth. He has pub- 
lished numerous volumes which have been unsurpassed fur their 
excellence, and which have become text-books, both in this 
country and in Europe. As the head of the Institution over 
which for many years he presided, he became the object of the 
most universal regard and ardent affection. 

The details of his history will soon be collected, and a just 
delineation of his professional character will be given by those 



who are competent to perform so honorable a work ; — in the 
mean time let us, as in the place consecrated to the purpose of 
religion, recal some of those traits, which in a remarkable de- 
gree, form a beautiful and edifying example for the admiration 
and imitation of all. 

The noble science, to which, with intense zeal, he devoted 
his life, is one which must require laborious study, and, to at- 
tain eminence in which, must be the result of uncommon natu- 
ral gifts, united with patient thought and untiring cnerg)-. If 
this is true generally, then it must follow, that to preside as 
Justice of the Supreme Judicial Court must require vast intel- 
lectual strength, searching insight and comprehensive judg- 
ment. To fill this responsible place worthily, one must pos- 
sess rare accomplishments united with unwearied diligence. 
He must become accurately acquainted with written law, and 
the great principles of equity. He must have firmness with 
moderation, and zeal with candor. All this — through more 
than one third of a century — was to be seen, in him who has 
now, in the Providence of God, been suddenly removed from 
the tribunals of the nation. Thoroughly acquainted with the 
letter of the law, he grasped also ultimate principles ; calm 
and clear in his statements, candid in his admissions, just and 
lucid in his arguments, he went on, step by step, with a severe 
and adamantine logic until his conclusions became like abso- 
lute demonstrations of truth. 

He had that intellectual power, which leads to the accumu- 
lation of extraordinary and manifold knowledge ; and that as- 
tonishing genius which can throw such acquirements into new 
combinations for practical use, clothe them with beauty, and 
make them instinct with life. lie was a man of unwearied 
and inexhaustible energy. His industry seemed boundless. 



He was never a seeker of case, but ardently seized upon every 
opportunity by which he might acquire knowledge. Such in- 
dustry is a cardinal virtue. With him it was both a principle 
and a habit. Whatever he did was well done, because it was 
the fruit of laborious toil. 

He was a Lover of Truth. This was manifest through his 
life. To attain Truth was the object of his various labors. If 
this end could be acquired, months and years of hard toil were 
a small consideration. This led to profound research and 
watchful prudence. He was not biased by the heat of contro- 
versy. His zeal was moderated by candor, and the truth that 
he so ardently loved, he sought through all difficulties until it 
was found. 

He never went aside from his duty in pursuit of public ad- 
miration. The admiration that was felt for him, followed him, 
not he it. In days of constant agitation and pubhc excitement 
he quietly pursued his various labors, — incorruptible in his in- 
tegrity, — thinking more of the eternal principles of Justice 
and of national jurisprudence, than of the fleeting interests 

of the day. 

It is true of him, in an unusual degree, that his greatness did 
not consist in the disproportionate development of any one 
quality, so much as in the transcendent balancing of his varied 
powers, and their harmonious completeness. There was no- 
thing exaggerated about him. There was with him no morbid 
activity, but a calm and clear self-possession, and a symmetri- 
cal beauty of proportion. In his public life, he was character- 
ized by a manly confidence, and a mild dignity of manner, 
which both commanded respect and won affection. His whole 
deportment was entirely consistent, so that while he was affable 



8 



as a friend, he was looked up to as the very oracle of the law, 
and the impersonation of Justice. 

In his private life, he was the delight of every circle in 
which he was known. He was a man of ardent and abiding 
affections. Gentle and fi-iendly to all : ready in his sympathies 
and sincere in his regards. — Among the beautiful incidents of 
his life, was his long and unbroken attachment to Chief Justice 
Marshall. He had been officially connected with him for 
twenty-four years, had witnessed his wonderful labors, had lis- 
tened to his unrivalled judgments and elucidations of law, and 
there grew up between them an almost feminine affection. 
They were bound together by the tenderest ties. They aided 
and encouraged each other ; and the spirit of the honored 
Chief Justice seemed to have been shared by his younger 
friend, and to have rested upon him throughout his brilliant ju- 
dicial career. 

But not only the more aged : — the young also, were the ob- 
jects of his regard. Those who were greatly his juniors were 
always met with kindness, and their views were heard with 
cheerfulness and weighed with candor. His constant urbanity, 
and generous and overflowing kindness made every one feel 
the happier for having been in his society. 

1 le was remarkable for his colloquial powers. Free from 
egotism, quick in his sympathies, and always natural, there 
was an exquisite charm in his conversation. He could converee 
u])on all subjects, — ever mingling his lively and inexhaustible 
humor with the richest and most manifold knowledge, — now 
glowing with feeling, and now serious witli thought. His 
words seemcil like the gushing u]) of a spring, sparkling 
and ever flowing on — coming from amid granite rocks, 
and beneath that, mines of priceless ore. Like that high 



9 



tablc-Iund from whicli streams full, on one side into ihe 
Atlantic, and on the other side into the German Ocean, so 
bis mind, elevated alwve woridly strife, joyous as the sunny 
thought of childhood, yet rich with varied wisdom, and laden 
with the experience of years, sent forth now, its thoughts into 
the regions of imagination, and now, dwelt amid the endear- 
ments of social feeling ; and now, expatiated in tracing the 
laws of nature, and the discoveries of science, and now, press- 
ed onward into the profound depths of philosophy — and the 
divine glories of religious truth. 

And while it was as easy and natural for him to speak, as 
for the stream to wander " at its own sweet will," still he nev- 
er spoke at random, or said that which his dearest friend could 
have wished unspoken. His conversation was not only delight- 
ful, but instructive and elevating. When he did not converse 
upon religion, he still conversed religiously : the spirit of 
Christianity fell over him like the soft sunlight : and as the sun- 
beams penetrate a ball of crystal, so his whole soul seemed to 
be irradiated by the beams of truth and love. The general 
sweetness of his temper, the urbanity of his manner, the just- 
ness of his judgment, the benevolence of his heart, were all 
seen in his daily conversation. He icas — ^just what he seemed : 
and havinc nothins; to conceal, and never needing to assume — 
he was simple — earnest — and direct. He could be honest 
without coarseness, and courteous without flattery. Every 
one felt in approaching him that he was unacquainted with ar- 
tifice. His frankness made every one free, and those who had 
approached him with awe, forgot their timidity as they were 
kindled by his enthusiasm, and delighted by his innocent and 
dignified mirth. Thus persons felt his superiority without be- 
ing oppressed by it. In his estimate of others, he could see 
2 



10 



their faults, but he liad a gentleness of heart which forbade his 
dwelling unduly upon them. He could also appreciate their 
excellence, and his noble and generous soul seemed to delight 
in doing them justice. There was in his mind nothing mean 
and narrow. He had none of that bitter sarcasm which leaves 
its venom behind, or that jealousy and skepticism which doubts 
the virtue of others, but sweetness of feeling and delicacy of 
sentiment seemed the inherent characteristics of his mind. 

Some men are intellectually great without manifesting any 
personal regard for religion : they are accomplished scholars, 
and can write with force and plead with eloquence, but they 
are lax in their morals, and inconsistent and reckless in their 
conduct. Others, again, are eminent as men of thought, and 
give their formal assent to religion, nay, at times, they may 
even utter a strong word in its favor, but they are evidently 
not governed by its principles. Not so was it with the honored 
mind of which we now speak : religion with him was the cen- 
tral principle of life. It was not something separate from him- 
self: not an outward thing to be looked at, and coldly admired. 
It was a living power which was intimately blended with every 
thought and feeling. It pervaded his whole being, and guided 
every act both of his private and professional life. He beheld 
with delight the transcendent greatness of religion, and with a 
Christian ardor he sought to live in conformity with the divine 
will : to confide with perfect trust in the mercy of an overruling 
providence ; to bow with uncomplaining submission before its 
wise decrees ; and to cherish in his own soul, as an interior 
life, the spiritual power. His was not an unmeaning acquies- 
cence in popular views. His was not a floating belief in vague 
generalities, but his deliberate and thoughtful mind had |)Onder- 
ed long upon the grand llicmes of religion and iiivcstigrilcd its 



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claims. He had made religion the subject of solemn conside- 
ration, and it became a matter to his mind of absolute certain- 
ty, and of incalculable worth. 

His piety was serene and cheerful. The Heavenly Father 
was to him as a gentle shepherd leading his flock through the 
quiet glens and under the shadow of the rocks. To him there 
was a Divine Wisdom ruling over all. Through the mysteries 
of life he saw the gleamings of heavenly love, and Nature to 
his soul was joyous and full of glory. There was, therefore, 
in his piety nothing morose or repulsive. His soul was full of 
filial trust and cratitude. When he rested in God, it seemed 
as if his feet were upon a rock, while his head was bathed in 
the mellow sunshine of heaven. God was love : His laws 
were truth: and in his laws, and in Himself, he was willing 
and glad, freely and wholly to confide. 

He reverenced reason, and gathered from nature all the light 
she could yield, but he rested his faith upon the Scriptures of 
the Old and New Testament. He had made the records of 
Divine Revelation his study, and he had thus acquired the 
most settled conviction of their authenticity and authority. 
He cherished the most sincere veneration for their heavenly 
truth, and the most grateful sense of their exalting and redeem- 
ing power. He heartily acknowledged a special and miracu- 
lous message from Heaven : which the greatness of his intel- 
lect had never led him to doubt, but in which his faith was 
confirmed and fixed by his accurate learning and profound in- 
sight.* 

He believed in the supremacy of the Father, and in Jesus, 

* Since the above was written, Professor Greenleaf, in his just and admirable 
discourse delivered before the University, makes the following statement : 

" He had studied the evidences of Christianity with professional closeness and care, 
and had given to them the testimony of his full assent ; and he has often been heard to 



Lore, 



12 



as the Christ, the Son of ^\^c Living Gotl. The simple and 
sublime faith which had illumined tiie mind of a Channing, 
and made him the crowning glory of his time ; the faith which 
animated a Tuckerman, as, in the spirit of his Master, he had 
penetrated the abodes of want; that same faith supported and 
cheered him whose character we are now considering, through 
the long course of his professional labors, with its complicated 
duties and responsible trusts. This faith guided and strength- 
ened him through the whole of his useful and splendid career. 
It was his rule of action through life, the inspirer of his joys, 
the consoler of his sorrows, and the foundation of his glorious 
and immortal hopes. 

We said that Story was graduated at Flarvard University in 
179S.* lie was the classmate of Channing and Tuckerman. 
And not only the classmate, but the intimate and ardent friend 
of both. And that friendship which commenced amid their 
collegiate studies, continued between them until thcv were 
separated by death. 

Channing, — Tuckerman, — Story. The one distinguished in 
theology, ihe other in philanthropy, the other in law. The 
three master-minds, in many respects, of their age. Each 
pursued a diHercnt path, but they have all left behind an 
indelible impress upon society, and upon the world. 

Channing, tlie profound Christian thinker, the uncompromis- 
ing advocate of truth, the daring defender of human rights : 
Channing, the luminary of the Church, the eloquent preacher, 
— calm, persuasive, just ; familiar w ith the highest philoso- 

ilorlaro, that, in liis jiidijniont, llio great farts of Ihp Gospel history were attosleil l)y a 
mass of cviJouce, wliicli, in any nnirt nl" law, wmilil lie pirl'i'illy satisfactory ami 
eonrlusivo." 

• Or. Tuckerman was liorii in 177S, Jiiil:;i' Slory in 1770, ami Dr. Channing in 1780.— 
I>r. TuckernKin departed in IJ^IO, Dr. Channing in 184i, and Judge Story in 1645. 



13 



f>1iy and ilic highest wisdom, he threw a new charm over the 
abstract principles of right, and made thousands feel with new 
force, the sacredness of human freedom, and the righteous 
claims of God. 

Tuckerman, the mild, gentle, loving disciple of our Lord ; 
breathing forth kindly sympathies and animating hopes ; labor- 
ing for years in a quiet village ; sending his affections over 
the sea to the poor natives of India, and then coming to spend 
his declining years amid the lanes and hovels of a city, to 
comfort the afllicted and reclaim the wandering. Tuckerman, 
the holy apostle of want, the devoted friend of man. 

Story, — the accomplished scholar, the illustrious Judge, the 
master of legal science ; unrivalled in learning, inflexible in 
virtue. 

In some respects they were widely different, in other res- 
pects they were singularly alike. They were all unwearied 
in their industry ; the one, perhaps, more particularly, with 
thought, and the other with books, and the other with men. 
The one meditating in his closet, the other visiting from house 
to house, and the other pleading at the altars of Justice. They 
were each pure, simple, and true. They were each ardent in 
feeling and strong in friendship. Widely different in their posi- 
tions : having different opportunities by which to judge of 
men and truth : placed upon different stand-points in the world, 
they each arrived at similar conclusions upon some of the 
most important subjects of thought : they each held similar 
views respecting God, Christ, and Man. Before each. Divine 
Revelation unrolled the same great and glorious truths ; and 
through life they lived and labored in a common faith. They 
were classmates and friends. They were united in their lives, 
and in their death they were not divided. 



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Tlieir earthly remains repose together in the same garden of 
graves. May we not believe that their spirits are now united 
in aflectionatc fellowship in the same kingdom above ? 
Witliin five years they have all passed away, and we may 
say of each, they shall be held in everlasting remembrance. 
They rest from their labors, but their works will live as an im- 
perishable memorial of their fidelity. 



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